Frazier v. State

Allen L. FRAZIER v. STATE of Florida

Frazier v. State, 452 So. 2d 1015 (Fla. Dist. Ct. App. 1984)

Court: District Court of Appeal of Florida · State Appellate Courts
Decided: June 28, 1984
Docket: No. 83-10
Judges: Cobb, Dauksch, Sharp
Citations: 452 So. 2d 10151984 Fla. App. LEXIS 13770

Cited by 3 1 descriptions by later courts

Opinion of the Court — Dauksch

Text extracted by OCR from a scanned original; check the original for exact wording.

DAUKSCH, Judge.

This is an appeal from a sentence as an habitual offender. See § 775.084(l)(a)2, Fla.Stat. 1 Because the “prior felony” relied upon by the judge in enhancing appellant’s sentence was not yet final, it was improper to enhance the punishment. Joyner v. State, 158 Fla. 806 , 30 So.2d 304 (1947); Garrett v. State, 335 So.2d 876 (Fla. 4th DCA 1976); Ward v. State, 332 So.2d 698 (Fla. 4th DCA 1976); Coleman v. State, 281 So.2d 226 (Fla. 2d DCA 1973); See also Ruffin v. State, 397 So.2d 277 (Fla.1981).

The sentence is vacated and this cause remanded for resentencing.

REVERSED and REMANDED.

COBB and SHARP, JJ., concur.

. § 775.084(l)(a)2, Fla.Stat., states:

The felony for which the defendant is to be sentenced was committed within 5 years of the date of the conviction of the last prior felony, misdemeanor, or other qualified offense of which he was convicted, or within 5 years of the defendant s release, on parole or otherwise, from a prison sentence or other' commitment imposed as a result of a prior conviction for a felony or other qualified offense, whichever is later.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(error to sentence as a habitual offender where “pri- or felony” relied on by judge in enhancing sentence is not final)

Martin v. State, 592 So. 2d 1219 (Fla. Dist. Ct. App. 1992)

Cited by 3 cases

View all citing references →

Relies on it most ⓘ

State v. Estes472 N.W.2d 214 (Neb. 1991)
Breeze v. State641 So. 2d 450 (Fla. Dist. Ct. App. 1994)
Martin v. State592 So. 2d 1219 (Fla. Dist. Ct. App. 1992)

Most recent

Breeze v. State641 So. 2d 450 (Fla. Dist. Ct. App. 1994)
Martin v. State592 So. 2d 1219 (Fla. Dist. Ct. App. 1992)
State v. Estes472 N.W.2d 214 (Neb. 1991)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Joyner v. State, 30 So. 2d 304 (Fla. 1947)	67
	Ruffin v. State, 397 So. 2d 277 (Fla. 1981)	96
	Garrett v. State, 335 So. 2d 876 (Fla. Dist. Ct. App. 1976)	8
	Coleman v. State, 281 So. 2d 226 (Fla. Dist. Ct. App. 1973)	7
	Ward v. State, 332 So. 2d 698 (Fla. Dist. Ct. App. 1976)	2

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